Key takeaway: A workplace injury covers physical and psychological harm caused by negligence, unsafe practices or inadequate training. To claim compensation in NSW, report the injury to your employer, who must notify their insurer within 48 hours, then lodge a worker’s injury claim form with a WorkCover medical certificate.
Workplace Injury: Quick Answers
What is a workplace injury from a legal perspective?+
A workplace injury is a physical or psychological/psychiatric injury resulting from negligence, unsafe work practices or inadequate training. It includes injuries from risky equipment, contaminated environments, repetitive movements and trauma from discriminatory or high-stress workplaces. Under the Workplace Injury Management and Workers Compensation Act 1998, NSW employers must display the “If you get injured at work” poster setting out the steps to follow.
How do I claim compensation for a workplace injury in NSW?+
Report the accident to your employer as soon as possible; they must notify their insurer within 48 hours, and it is the employer, not you, who is charged the claims excess if they fail to report within 5 calendar days. Then submit a worker’s injury claim form, signed by you and your employer, supported by the WorkCover medical certificate from your doctor.
What are the most common workplace injuries in Australia?+
According to SafeWork Australia data covering 2000 to 2015, the 5 most common workplace injury sites are the upper back, lower back, shoulders, knees and hands. The most frequent scenarios were body stressing, muscular stress from lifting and carrying, falls, slips or trips, and being hit by a moving object.
A workplace injury is a physical or psychological/psychiatric injury as a result of negligence, unsafe work practices or inadequate training. More specifically, injuries or illnesses stemming from risky equipment, chemically contaminated environment, repetitive or difficult body movements and psychological or emotional trauma caused by discriminating, culturally insensitive and high-stress workplaces fall under this category of personal injuries. It is an employer’s duty to provide a safe and healthy environment for his/her employees through training, enhancing risk awareness, introducing a first aid and an emergency plan and having workers compensation policy/insurance. It is also an employer’s responsibility to ensure that the worker returns to work safely after recovery.
What to do after getting injured in workplace?
If you suffered an injury at work, you might be entitled to claim workplace injury compensation. Our workplace injury lawyers provide free claim assessment to understand your claim and advise you your entitlements
No Upfront Costs
No Win No Fee
99% Success Rate
Maximum Lump Sum Payout
Workplace accidents in New South Wales
In New South Wales, employers are held liable for ensuring work safety through the application of first aid and emergency plans, workers compensation insurance, a return to work plan and an injury register as dictated by health and safety laws. Also, per the Workplace Injury Management and Workers Compensation Act 1998, the poster “If you get injured at work” showcasing the steps an injured worker must follow should be displayed in workplaces.Employers in NSW (except a small group of exempt businesses) are legally required to have workerplace compensation insurance for covering workplace injuries. There are three types of insurers regulated by the State Insurance Regulatory Authority (SIRA): Icare, self-insurers and specialised insurers.
The NSW government maintains a policy that supports injured workers’ recovery at work which obliges employers to initiate a return to work program within 12 months after they start their businesses. The government policy advocates that recovery at work elevates the injured worker’s mental and physical health and reduces the risk of a long term disability.
Under the work health and safety law in NSW workers also have legal obligations. According to SafeWork NSW, a worker should work by following safety instructions, use personal protective equipment (PPE) and report injuries and unsafe and unhealthy situations to supervisors or health and safety representatives (HSRs). Workplace injury lawyers can give you case-based advice regarding your injury and workplace injury compensation process.
5 most common workplace accidents
According to data from SafeWork Australia, the most common workplace injuries registered between the years 2000-15 in Australia happened to
In the same period, the most frequently occurring scenarios of injury across different sectors were body stressing, muscular stress while lifting, carrying and putting down objects, falls, slips or trips and being hit by a moving object. While mental health records seem relatively low in number in the given data, it is important to note that they happened and it could be less common for employees to report psychological issues caused by work environments.
Who do you report workplace accidents to in the workplace?
When faced with unhealthy and unsafe working conditions or injury from a work-related accident, a worker should first report to his/her supervisor or Health and Safety Representatives (HSRs). An HSR can represent you to your employer in matters of work safety.
How to claim compensation for workplace injury
When faced with unhealthy and unsafe working conditions or injury from a work-related accident, a worker should first report to his/her supervisor or Health and Safety Representatives (HSRs). An HSR can represent you to your employer in matters of work safety.
The injured employee should report the accident to his/her employer as soon as possible to start your workplace injury compensation process. The employer should report the notification to their insurer within 48 hours after becoming notified FOR YOUR INFORMATION ONLY- it’s the employer who would be charged with claims excess payment not the employee if the employer doesn’t report the notification to the insurer within 5 calendar days.
As the second step, the worker is expected to submit a “worker’s injury claim form” where he/she provides information about how and when the injury happened, the amount he/she earned before the injury, the treatment process and return to work particulars. The worker and employer should also sign this form.
Workplace injury lawyers in NSW
The Work Cover Medical Certificate provided by the doctor should be submitted in support of the claim form as well. To learn get more information about workplace injury compensation, you can call our workplace injury lawyers on 1800 952 898 or fill our contact form.
Workplace Injury FAQs
What is a workplace injury from a legal perspective?
A workplace injury is a physical or psychological/psychiatric injury resulting from negligence, unsafe work practices or inadequate training. It includes injuries from risky equipment, contaminated environments, repetitive movements and trauma from discriminatory or high-stress workplaces. Under the Workplace Injury Management and Workers Compensation Act 1998, NSW employers must display the “If you get injured at work” poster setting out the steps to follow.
What are the most common workplace injuries in Australia?
According to SafeWork Australia data covering 2000 to 2015, the 5 most common workplace injury sites are the upper back, lower back, shoulders, knees and hands. The most frequent scenarios were body stressing, muscular stress from lifting and carrying, falls, slips or trips, and being hit by a moving object.
Who do you report a workplace injury to?
Report unsafe conditions or a work-related injury first to your supervisor or a Health and Safety Representative (HSR), who can represent you to your employer on safety matters. Then notify your employer about the injury itself; the employer must report the notification to their workers compensation insurer within 48 hours.
How do I claim compensation for a workplace injury in NSW?
Report the accident to your employer as soon as possible; they must notify their insurer within 48 hours, and it is the employer, not you, who is charged the claims excess if they fail to report within 5 calendar days. Then submit a worker’s injury claim form, signed by you and your employer, supported by the WorkCover medical certificate from your doctor.
What are employers legally required to do about workplace injuries in NSW?
NSW employers must hold workers compensation insurance (regulated by SIRA through 3 insurer types: icare, self-insurers and specialised insurers), maintain first aid and emergency plans, keep an injury register, and run a return to work program, which must be initiated within 12 months of starting the business.
What obligations do workers have under NSW work health and safety law?
According to SafeWork NSW, workers must follow safety instructions, use personal protective equipment (PPE), and report injuries and unsafe or unhealthy situations to supervisors or Health and Safety Representatives (HSRs). Meeting these obligations also protects your claim: prompt reporting means your employer can notify the insurer within the required 48 hours.
Can I claim compensation for a psychological workplace injury?
Yes. Psychological and psychiatric injuries caused by discriminating, culturally insensitive or high-stress workplaces are workplace injuries in the same way physical injuries are. The 2000-2015 SafeWork data records comparatively few mental health claims, which likely reflects under-reporting rather than absence of injury, so do not assume your situation is not claimable.
Does it cost anything to make a workplace injury claim?
No. Withstand Lawyers provides a free claim assessment to understand your claim and advise you of your entitlements, and workplace injury claims run on a no win no fee basis with no upfront costs and a 99% success rate. Call 1800 952 898 to find out where you stand.
Why Choose Withstand Lawyers for Your Workplace Injury Claim?
A serious workplace injury changes everything at once: your health, your income and your confidence about the future. Withstand Lawyers exists for exactly that moment. With decades of experience acting for injured workers, more than $47M+ recovered for clients and a 99% success rate, Withstand Lawyers knows how insurers assess claims and how to keep them honest. You get plain-language advice from the first free claim check, and Withstand Lawyers handles the forms, deadlines and negotiations while you focus on recovery. Every claim runs on a no win no fee basis with no upfront costs.
Call 1800 952 898 for a free claim check. No win, no fee, no upfront costs.
No Upfront CostsNo Win No Fee99% Success RateMaximum Lump Sum Payout
★ 4.9 on Google (265+ reviews)
Free Claim Check
4.9 ★ Over 200+ Reviews
Posted on Google
Ben Jensen-tuicakau
Trustindex verifies that the original source of the review is Google.
A lovely work group to work with professional and prompt putting my mind at ease when I felt overwhelmed providing expert assistance.Do not second guess the services they provide, money well spent, thankyou.
Posted on Google
Kill it pest manage
Trustindex verifies that the original source of the review is Google.
Have had a great experience with withstand lawyers dealt with isa ,and was a great result
Posted on Google
K M
Trustindex verifies that the original source of the review is Google.
I am so grateful to Mario and his team at Withstand Lawyers. Throughout the whole process of working with them I felt supported and heard, and they helped me achieve a very positive outcome. They are professional, warm, very fast in responding to any questions or communication, and from start to finish, I felt as if they truly cared about me as their client rather than it being just another business transaction. I highly recommend Mario and his team from Withstand, thank you again!
Posted on Google
Jan Wall
Trustindex verifies that the original source of the review is Google.
Rashidah & Britney were amazing. Highly recommend.
Posted on Google
Hana Lakkis
Trustindex verifies that the original source of the review is Google.
I had the pleasure of dealing with Rojh, she’s very attentive, and went out of her way to ensure my needs were met quickly and professionally. Her warm attitude and willingness to help made my whole experience easy. Your firm is very lucky to have you, a true asset to your team.
Posted on Google
Eric Colombara
Trustindex verifies that the original source of the review is Google.
Thanks to Mario and everyone at Withstand Lawyers for helping me with my claim. From start to finish they made the whole process easy and stress free. They kept me updated the entire time and explained everything clearly. Mario got me a great result. I really appreciate everything they did for me and I highly recommend them.
Posted on Google
Mathew Apps
Trustindex verifies that the original source of the review is Google.
Very transparent about the whole process and extremely helpful with any questions. Would recommend 100%
Posted on Google
Robert Faasii
Trustindex verifies that the original source of the review is Google.
